While the New York State Department of Environmental Conservation is looking to get a jump on banning HFC refrigerants that produce climate-warming emissions, some lawmakers and industry representatives argue the effects of moving ahead of federal timelines could be devastating to residents, grocers and job markets.
State Assemblyman Bill Conrad, a Tonawanda Democrat, introduced legislation to repeal or replace Part 494 – a state rule that would prohibit the sale of raw supplies of R-404A and R-507A refrigerants. But, the ban is also expected to create a “supply shock” which some warn could lead to equipment failures, food spoilage and economic losses that could impact small business owners and local consumers.
“I'm asking for my colleagues in the Senate, in the Assembly, to help pass this legislation and align us with the rest of the entire United States, and not give us a competitive disadvantage when it comes to our communities,” Conrad said in a public address at Market in the Square.
Bill S9066/A9596, first introduced on January 21, would replace Part 494 with a framework that would adhere more to the federal American Innovation and Manufacturing (AIM) Act introduced under the Biden administration. The AIM Act’s schedule for phasing down HFC refrigerants runs through 2036, while New York’s Part 494 sets its own compliance deadlines, many of which start sooner and go further than federal requirements. The state DEC’s current enforcement discretion is set to expire on March 31, which will prohibit the sale of certain refrigerants.
Business owners like Market in the Square’s Nick Kusmierski fear that incoming state regulations will make existing refrigeration equipment more expensive and less reliable to run, which would affect local shoppers and employers, leading to food deserts and costly shopping trips.
“Here in New York State, it's scary. It's going to cost jobs. It's going to cost consumers more in their everyday grocery bill,” Kusmierski said.
The refrigerant ban isn’t only expected to impact food suppliers like food warehouses, restaurants and grocers. Establishments like hospitals, schools, nursing homes and pharmacies may also be impacted by the prohibition of refrigerants used in certain HVAC systems, with failures leading to higher operation costs.
Kusmierski said the statewide service demands for R-404A and R-507A refrigerants is an estimated 1.16 million pounds a year, with an average nationwide reclaim supply of 606,000 pounds a year, which he framed as "only about half" of what New York State alone is projected to need.
Supporters of Conrad’s legislation say that the regulations aren’t necessarily the issue, the timeline is and while they support climate conservation efforts, industries need time to transition to prevent harming industrial progress and economic losses.
“Obviously, we want to eliminate harmful substances from the atmosphere, but I believe that we can meet our environmental objectives without creating supply shortages or safety issues or driving up costs for businesses and ultimately, consumers,” said State Assemblymember Karen McMahon.
